We have helped our clients successfully litigate and defend claims in state, federal, and bankruptcy court
Practice Areas
Bankruptcy litigation and contested matters - we represent clients in preference, fraudulent transfer,
non-dischargeability, relief from stay, objection to discharge, objection to Chapter 11 and 13 plan confirmation, lien priority, and other related insolvency matters
Business litigation in state and federal court - whether prosecuting or defending actions, we handle a wide range of litigation matters, from contractual disputes, real estate, secured transactions, business-to-business conflicts, partnership disputes, foreclosures, and fraud actions
Uniform Commercial Code - matters involving the UCC regarding issues of attachment, priority, perfection, and foreclosure of liens
State, federal, and bankruptcy appeals - our appellate cases have resulted in many victories and published opinions from the California Court of Appeal, Bankruptcy Appellate Panel, U.S. District Court, and the Ninth Circuit Court of Appeals
Strategic bankruptcy planning for Chapter 7, 11 and 13 cases - including matters involving state court litigation, bankruptcy avoidance, pre-bankruptcy planning, out of court workouts, and corporate dissolutions
Notable Appellate Victories
We have successfully handled appeals before the California Court of Appeal, Bankruptcy Appellate Panel for the Ninth Circuit, United States District Court, and the Ninth Circuit Court of Appeals, a number of which have resulted in published opinions.
Chiu v. Wu, 2024 Cal. App. Unpub. LEXIS 1452, California Court of Appeal, Sixth Appellate District (March 6, 2024) – Successful reversal of trial court order setting aside judgment and vacating accepted § 998 offer. The Court of Appeal reversed the trial court with instructions to enter judgment in favor of client. The trial court abused its discretion and improperly concluded that the § 998 offer was invalid because it called for dismissal with prejudice instead of entry of judgment, and further erred by not entering judgment in favor of client for $350,000. The appellate court held that a dismissal of an action with prejudice is equivalent to a final disposition of the action.
Helix Media LLC v. Natalie Clark et al., California Court of Appeal, Second Appellate District, Appeal No. B315990 (November 17, 2022) – Successful defense of appeal. The California Court of Appeal affirmed the Superior Court's order denying defendants’ anti-SLAPP motion, finding that defendants did not meet their burden of demonstrating the conduct forming the basis of the underlying complaint involved protected activity within the meaning of California Code of Civil Procedure § 425.16. The litigation privilege did not apply to protect defendants’ purported prelitigation communication.
Hou You Liang, etc. v. DiJulio Law Group, 9th Cir. BAP Appeal No. 20-1230 (April 2, 2021) – Protected client’s $600,000+ administrative claim from attack before Bankruptcy Court and Bankruptcy Appellate Panel. Appeal was dismissed for lack of jurisdiction based on successful motion to dismiss appeal.
Asset Management Holdings, LLC v. Aleli A. Hernandez, 9th Cir. BAP Appeal No. 19-1013 (October 8, 2019) - Ninth Circuit Bankruptcy Appellate Panel affirms client's objection to lender’s claim in Chapter 13, holding that the unsecured claim resulting from successful lien avoidance was wiped out by prior Chapter 7 discharge.
In re Kathie E. Suissa and Elvis D. Suissa | Diane C. Weil v. Kathie E. Suissa, District Court Appeal No. LA CV18-08785 JAK (July 5, 2019) - District Court affirmed Bankruptcy Court’s order granting motion for relief from the automatic stay under Bankruptcy Code § 362; state court action may proceed; no automatic stay reimposed by reopening bankruptcy case; preliminary determination affirmed that real property was not “property of the estate” at the time of the original bankruptcy filing.
Asset Management Holdings, LLC v. Aleli A. Hernandez, 9th Cir. Appeal No. 17-60044 (February 25, 2019) - The Ninth Circuit Court of Appeals affirmed the Bankruptcy Appellate Panel and the Bankruptcy Court’s orders determining that SLO’s client was eligible for Chapter 13 relief under Bankruptcy Code § 109(e), and finding that the bankruptcy petition was filed in good faith.
Asset Management Holdings, LLC v. Aleli A. Hernandez, BAP No. CC-16-1228
(BAP 9th Cir. Apr. 11, 2017) - The Bankruptcy Appellate Panel affirmed the Bankruptcy Court's Orders confirming the debtor's Chapter 13 Plan and denying the lienholder's motion to dismiss on eligibility grounds under Bankruptcy Code § 109(e).
Hai Lecong v. Ashley Tran, 9th Cir. Appeal No. 15-60039 (February 13, 2017) - The Ninth Circuit Court of Appeals affirmed the Bankruptcy Court's Order granting summary judgment, determining that a state court judgment in favor of our client was excepted from the debtor's discharge under Bankruptcy Code § 523(a)(2) based upon the doctrine of issue preclusion.
Dhawan v. Biring, 241 Cal.App.4th 963 (Cal. App. 2d Dist. 2015) - The California Court of Appeal affirmed the Los Angeles Superior Court's Order vacating and setting aside a $3,200,000 default judgment-- entered more than seven years earlier--where the judgment was void and subject to collateral attack at any time in accordance with California Code of Civil Procedure §§ 473(d) and 580.
In re First T.D. & Investments, Inc. (Neilson v. Chang), 253 F.3d 520 (9th Cir. 2001) - In reversing the District Court, the Ninth Circuit held that California Business and Professions Code § 10233.2 applied to an assigned promissory note and deed of trust, deeming the security interests perfected. Therefore, the trustee's avoidance action under Bankruptcy Code § 544 failed.
In re Cobe (Smith v. Cobe), 229 B.R. 15 (BAP 9th Cir. 1998) - The Bankruptcy Appellate Panel affirmed the Bankruptcy Court's grant of summary judgment based on issue preclusion, where summary judgment was conditioned on affirmance of the state court judgment after jury trial by the California Court of Appeal.
Plotkin v. Pomona Valley Imports (In re Cohen), 199 B.R. 709 (B.A.P. 9th Cir. Cal. 1996) - The Bankruptcy Appellate Panel affirmed the Bankruptcy Court’s grant of summary judgment in two related cases involving defense of alleged fraudulent transfer in a Ponzi scheme involving the sale of late model Mercedes Benz cars to Hollywood movie stars and entertainment executives.
Past and Current Clients (Partial List)
Accurate Escrow, Inc.
Adler Realty Investments, LLC
Agro Logistic Systems, Inc.
Altadena Lincoln Crossing LLC
American Legion, Hollywood Post 43
American Perlite Company
American Presto Corporation
Aspen Medical Building, L.P.
Astani Construction, Inc.
Astani Enterprises, Inc.
Bell Foundry, Inc.
Bernar Venet Studio
Beverly Packing, Inc.
C&R Enterprises Co.
California State University
Cambridge Financial of California, LLC
CMI Insurance Services, Inc.
Cytodyn, Inc.
Designing Health, Inc.
Diamond State Insurance Company
Fairmont Specialty Insurance Company
Fertitta Enterprises, Inc.
Gilmore Farmer’s Market, LLC
Great Central Mortgage Acceptance Co., Ltd.
Great Musical Treasures, LLC
Green, Broillet & Wheeler, LLP
H.O.D. Properties, LLC
The Langlois Company
Mancini & Associates, LLP
Mitsuwa Corporation
Next Level Sports Complex, LLC
Offsourcing, Inc.
Pacific Landmark, LLC
Passport International Entertainment, LLC
Pomona Unified School District
Property Tax Assistance Co., Inc.
Ranger Insurance Company
Reisner & King LLP
Quotelab, Inc.
San Bernardino International Airport Authority
Smart and Final Stores, LLC
Statewide Direct Insurance Services, INc.
Trio Los Panchos
TTG Engineers
United States Fire Insurance